What is a demand letter?

A demand letter is a formal document outlining your client’s claim and requesting compensation for damages.

The letter serves as the opening move in settlement negotiations. It provides a concise yet comprehensive case summary, including details about the incident, injuries, and associated damages. It importantly sets the tone for the negotiation process by presenting a clear argument for why compensation is warranted.

Demand letters are indispensable for personal injury attorneys. They demonstrate professionalism, preparedness, and a commitment to securing justice for their clients.

‍Here’s a sample demand for you to review. 

Why do demand letters matter for personal injury cases?

Demand letters are a cornerstone of personal injury cases for several reasons:

Initiating negotiations

A demand letter formally starts the settlement negotiation process. Providing a well-reasoned argument backed by evidence gives the opposing party a clear incentive to resolve the matter quickly and fairly.

Establishing credibility

A detailed and professional demand letter signals to the insurance company that you’re serious and prepared. It shows you have the evidence and legal knowledge to support your claim, potentially discouraging lowball offers or unnecessary delays.

Strengthening your client’s case

The demand letter is your first opportunity to frame the case in your client’s favor. It’s a chance to clearly articulate the facts, establish liability, and highlight the impact of the incident on your client’s life.

Creating a record

By documenting your claim, you create a record that can be referenced throughout the negotiation and litigation process. This ensures consistency in your arguments and helps protect your client’s interests if the case progresses to trial.

Well-written demands balance detail and persuasion

A strong demand letter combines factual accuracy, persuasive writing, and legal expertise. Below are the key elements to include:

Describe the incident and background

Start by providing a clear and factual account of the incident, including:

• The date, time, and location of the incident.
• A detailed description of how the incident occurred.
• Supporting evidence, such as police reports or witness statements, bolstering your narrative.
• This section sets the stage for your claim, giving the insurance adjuster a solid understanding of the context. A factual and straightforward tone is essential to establish credibility.

Detail injury and medical treatment

Next, detail the injuries your client sustained and the medical treatment they required, including:

• A list of injuries and their severity.
• Supporting documents such as medical records, bills, and doctor’s reports.
• The impact of the injuries on your client’s daily life, including physical, emotional, and financial hardships.

This section should paint a vivid picture of your client’s suffering while backing up every claim with hard evidence.

Write a strong liability statement

The liability statement is the backbone of your argument. Clearly articulate why the opposing party is responsible for the incident, including:

• A logical connection between the incident and the at-fault party’s negligence or misconduct.
• References to relevant laws or legal precedents that support your case.
• The stronger your liability statement, the harder it will be for the opposing party to deny responsibility.

Request compensation and explain why

Finally, specify the compensation you’re seeking and provide a detailed rationale. This section should:

• Include all applicable damages, such as medical expenses, lost wages, and pain and suffering.
• Provide a high-level overview of the case’s value while avoiding a specific monetary figure. Keeping your demand flexible allows for more effective negotiation.
• Clearly explaining the basis for your request demonstrates your professionalism and helps set realistic expectations.

Tools to help guide personal injury demand letter creation

Creating a demand letter requires attention to detail, legal expertise, and a thorough understanding of your client’s case. However, the right tools can make the process more efficient and effective.

AI-powered demand letter generation

AI tools, such as EvenUp’s Demands, can streamline the process by automatically analyzing case details and generating comprehensive demand letters. These tools reduce manual effort while ensuring consistency and accuracy.

EvenUp started with Demands™, an AI-powered demand letter generation tool creating demands with a 69% higher likelihood of reaching policy limit. EvenUp Demands™ integrates proprietary AI models and in-house legal expertise to:

• Ensure maximum claim value with clear and concise medical summaries that allow attorneys to prepare arguments in advance and undergo case completeness checks.
• Calculate accurate estimates for all elements of loss backed by data, including over 250,000 verdict and settlement data points, computations, and facts.
• Go beyond cookie-cutter templates and use information about your clients’ loss of enjoyment and duties under duress to articulate the irrevocable damage done to their lives.

Template libraries

Access to demand letter templates tailored to personal injury cases can save time and provide a solid foundation. Customize these templates with client-specific details to create polished, professional documents.

Case management software

Integrated case management platforms help organize case files, medical records, and correspondence in one place. This ensures that all relevant information is easily accessible when drafting demand letters.

By leveraging these tools, personal injury attorneys and their support staff can create efficient and effective demand letters, freeing up more time to focus on client advocacy.

Demand letters are the cornerstone of personal injury claims

Demand letters are the starting point for negotiation and the foundation for achieving fair settlements. A well-crafted demand letter lets you clearly articulate your client’s story, establish liability, and set the stage for meaningful resolution.

As AI continues to evolve, it’s no longer a differentiator—it’s a necessity. Personal injury attorneys and support staff who embrace AI tools for demand letter generation, medical chronologies, and case preparation can elevate their practice, secure better outcomes, and spend more time advocating for their clients.

It’s time to move from AI literacy to AI expertise. Start transforming your practice today with tools designed to help you thrive.

Schedule a call to learn more about EvenUp and its features.